The Committee therefore considers that the proceedings in the author' s case were unduly delayed, in violation of article 14, paragraph 1, of the Covenant.
The author alleges a violation of article 14, paragraph 1, because of the lack of impartiality of the Panel, and a violation article 2, paragraph 1, and article 26 because of the discriminatory nature of the special procedure concerning ministerial offences.
The author claims a violation of article 14, paragraph 1, on the basis that the State party' s courts arbitrarily assessed the available evidence and denied justice as a result to the surviving family members.
但关于Chan先生审判的公正性问题,我们不能同意,还违反了第十四条第3款(乙)项和(丁)项的裁定。
However, we find ourselves unable to join in the finding of additional violations of article 14, paragraphs 3(b) and(d) regarding the fairness of Mr. Chan' s trial.
The author finally alleges a violation of article 14, paragraph 1; since the courts considered that the decision of the President of the Council was not final in nature and, therefore, not subject to judicial review.
律师称,上诉法院未下令重审,等于违反了第十四条第一款,因为这样做剥夺了对提交人的公平审理。
It is alleged that the Court of Appeal' s failure to do so amounts to a violation of article 14, paragraph 1, in that the author was denied a fair trial.
With regard to the allegation of violation of article 14(2), on account of the denial of bail, the Committee finds that this denial did not a priori affect the right of the authors to be presumed innocent.
A request to provide the author with an effective remedy, including adequate compensation, was made in case No. 1611/2007(Bonilla Lerma v. Colombia), where the Committee found a violation of article 14, paragraph 1.
The author further claims that the case' s referral to the Supreme Court in plenary constitutes a violation of article 14, since a chamber of associate judges had been established to rule on the case.
委员会认为,缔约国由于未能确保为提交人提供有效的法律辩护而违反了第十四条第三款(丁)项(7.5)。
I concur with the Committee' s finding that there was a violation of article 14, paragraph 3(d) because the State party failed to ensure effective legal representation for the author(7.5).
The presumption of innocence had been flouted by the Belgian State' s proposal to place the authors' names on the Consolidated List without" relevant information", in breach of article 14, paragraph 2, of the Covenant.
鉴于这些情况,委员会认为,对提交人儿子的审判没有遵守推定无罪的原则,违反了第十四条第2款的规定。
In the circumstances, the Committee concluded that the author' s son' s trial did not respect the principle of presumption of innocence, in violation of article 14, paragraph 2, of the Covenant.
On the merits, the author points out that a breach of article 14, paragraph 3(d), is manifest in Portuguese legislation, whereas other States' laws allow an accused to defend himself in person.
The Committee says that these two issues were not" addressed… appropriately" and suggests that they contributed to a violation of the presumption of innocence, in violation of Article 14(2).
In case No. 1042/2001(Boimurodov v. Tajikistan), the fact that the alleged victim had been held incommunicado for a period of 40 days, without access to counsel, was considered a breach of article 14, paragraph 3(b).
The Committee thus found that, as it appeared that the magistrate had not adjourned the hearing in the absence of the counsel, the facts before it disclosed a violation of article 14, paragraph 3(d).
因此,委员会认为,对提交人的审判存在违规之处,总体而言违反了第十四条第1款。
Accordingly, the Committee was of the view that the author' s trial suffered from irregularities which, taken as a whole, amounted to a violation of article 14, paragraph 1.
In particular, where the confession was elicited without safeguards and with complaints of torture and illtreatment, the application of section 16(2) of the PTA amounts to a violation of article 14, paragraph 2.
Violations of article 14 were also found in cases No. 1782/2008(Aboufaied v. Libya) and Nos. 1914, 1915 and 1916/2009(Musaev v. Uzbekistan).
委员会认为,关于违反了第十四条第五款的指称就可受理性而言得到了充分证实,因此继续审查案情。
The Committee considers that the allegation of a violation of article 14, paragraph 5, has been substantiated with regard to admissibility and therefore proceeds to consider it on the merits.
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